Grand Jury Defense Attorney in Chicago
In both the State and Federal systems, a person who is arrested for a crime must be indicted by a grand jury or be given a Preliminary Hearing.
In either case, there must be a finding of probable cause to believe that the Defendant has committed a felony offense before a prosecution can go any further. Grand juries are preferred by prosecutors because they almost always receive an indictment. This is true because at a grand jury proceeding, the only people allowed to be present are the prosecutor and his witnesses, the grand jurors, and a court reporter. Since the grand jurors only hear one side of the story, they almost always vote to indict.
Difference Between Federal Grand Juries and State Grand Juries
Federal grand juries are quite different from state grand juries. Typically, federal grand juries are used much more as an investigative tool by federal prosecutors and not just a means to charge someone with a crime. Sometimes the person being investigated is unaware of the proceedings, and they can be “sealed” or kept secret. In other instances, a person who is the target of the investigation is subpoenaed to appear before the grand jury.
Target Letter
If you are the target of a grand jury investigation, it is customary that you receive a “target letter.” This letter will typically warn you that you are the subject of an investigation and advise you to retain the services of a Chicago defense lawyer. If you receive a target letter, contact Chicago defense attorney Vadim A. Glozman immediately and schedule a consultation.
Fifth Amendment Rights
Anyone subpoenaed to testify before a grand jury has rights under the Fifth Amendment to the U.S. Constitution. If a person has a legitimate claim that the questions put to them at the grand jury proceeding may incriminate them, they can refuse to answer.
Typically, if a defense attorney informs the prosecutor in writing that his client will be invoking his Fifth Amendment right against self-incrimination, the prosecutor will not bother calling them to the witness stand.
Though, it is important to understand that Fifth Amendment protections have limits. If you are a witness, the prosecution can confer “Use Immunity” under 18 U.S.C. 6002. This means that the prosecutor cannot use anything you say against you in a prosecution, either directly or indirectly, except for a perjury prosecution for testifying falsely. If you are immunized, you must testify or you will be held in contempt and jailed. In addition, the Fifth Amendment does not apply to corporations. Therefore, record keepers and record custodians of other collective entities may be forced to turn over documents to a grand jury.
Testifying Before a Grand Jury
If you receive a subpoena and are called before a grand jury to testify, it is wise to secure top-notch legal representation from an experienced Chicago defense attorney. You may think that because you are not a subject or target of the investigation, you have nothing to worry about. This is a big mistake (and far too many people make it). Remember that what you say could be used against you or used to link you to criminal activity. This is why you have an attorney on your side to protect your interests.
Now is the Time to Contact Chicago Defense Lawyer Vadim A. Glozman
Chicago defense lawyer Vadim A. Glozman understands and appreciates the fear and anxiety that you may be experiencing if you are the target of a grand jury investigation, or even if you have been called to testify before a grand jury. When you hire Vadim Glozman, you can take comfort in knowing that if you choose to work with him, your rights, goals, and desires will be made a top priority.
Contact Vadim A. Glozman today to schedule an in-person meeting.